Romania: Substantial amendments to the Romanian Labour Code

The Labour Code has been amended by the entry into force of an organic law from 22 October 2022.

The Labour Code has been amended following the transposition into national law of a series of European Directives.

Among the most important amendments that employers should consider are the following:

  • New mandatory provisions are to be included in individual employment contracts. For example, they must now include details of whether or not travel between different places of work is covered by the employer and provisions on the conditions under which overtime is worked and compensated or paid.
  • A prohibition on establishing a new probation period if, within 12 months, a new individual employment contract is concluded between the same parties for the same position and with the same duties.
  • With regard to the existing right of employees to work for different employers under different employment contracts, the lawmaker now requires that their working hours cannot overlap.
  • Introduction of carer’s leave, which employers must grant to employees for the purpose of providing personal care or support to a relative or a person living in the same household as the employee who is in need of care or support as a result of a serious medical condition.
  • Introduction of the employee’s right to be absent from work in unforeseen circumstances caused by a family emergency due to illness or accident, which make the immediate presence of the employee indispensable.
  • Two new types of provision must be included in the content of internal regulation, namely rules on notice and information on general employee training policy, if applicable.

The entry into force of the amending law has also introduced the obligation by employers to disclose additional information on the conditions applicable to the employment relationship, under the new regulation – if certain conditions are met – to employees whose employment relationship was established before the date of entry into force of the new law.

These changes also require adaptation of documents governing employment relations between employers and employees.

Source:

Labour Code and Law no. 283/2022.

 

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